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15-5174 - DaCosta v. City of New York et al


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15-5174 - DaCosta v. City of New York et al
February 10, 2017
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REPORT AND RECOMMENDATIONS re 46 Letter MOTION for Leave to File Second Amended Complaint. For the reasons set out in the attached R&R, this Court respectfully recommends that plaintiff's motion to amend his pleadings to add a new defendant be denied. Any objections to this R&R must be filed with the Honorable Jack B. Weinstein on or before February 24, 2016. Failure to file objections in a timely manner may waive a right to appeal the District Court order. Ordered by Chief Mag. Judge Roanne L. Mann on February 10, 2017. (Pauley, Anders)
November 8, 2017
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MEMORANDUM AND ORDER ON PLAINTIFF'S MOTION FOR LEAVE TO AMEND HIS COMPLAINT, reversing 59 report of the magistrate judge recommending denial of permission to amend. Plaintiff may amend his complaint to substitute Detective Tranchina for Detective Shapiro. Plaintiff's claim against Detective Tranchina is timely under the governing statute of limitations. The Corporation Counsel may not assert the statute of limitations as a defense; it did not adequately discharge its ethical and procedural duties to Plaintiff to disabuse him of his mistake. The claim against Detective Tranchina relates back to the filing of the original complaint. Dismissing this claim on the basis of the statute of limitations would be inconsistent with Valentin v. Dinkins 121 F.3d 72, 75 (2d Cir. 1997), Krupski v. Costa Crociere S. p. A., 560 U.S. 538, 541 (2010), and Buran v. Coupal, 661 N.E.2d 978, 981 (N.Y. 1995). The court reserves judgement on Defendants' motion for Summary Judgement on other grounds. Ordered by Judge Jack B. Weinstein on 11/8/2017. (Barrett, C)
December 12, 2017
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MEMORANDUM AND ORDER denying 54 Defendant's Motion for Summary Judgment as to the malicious prosecution claim asserted against Detective Tranchina. Other claims are dismissed in accordance with the court's orders of November 8, 2017, see ECF No. 84, and November 15, 2017, see ECF No. 86. The November 15, 2017 order regarding dates for trial and pretrial maters remains in effect. See ECF. No. 86. Ordered by Judge Jack B. Weinstein on 12/12/2017. (Barrett, C)
January 30, 2018
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MEMORANDUM AND ORDER DENYING MOTION FOR RECONSIDERATION of the court's November 8, 2017 Order, ECF No. 84. The December 12, 2017 Order, ECF No. 93, is confirmed. Ordered by Judge Jack B. Weinstein on 1/30/2018. (Attachments: # (1) Exhibit A) (Barrett, C) (Main Document 112 replaced on 1/30/2018) (Barrett, C).